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Bush Appoints Interim Drug Czar

Speculation about Obama’s as yet unknown choice for drug czar just got a little more interesting. Today, the White House  announced that ONDCP’s acting Deputy Director Patrick Ward will be promoted to acting director. In other words, the much-anticipated next drug czar will be…Patrick Ward.

He’s a former Air Force guy who joined the federal drug office to run foreign interdiction efforts:


… Mr. Ward is in frequent and close contact with relevant officials from the Drug Enforcement Administration, the United States Coast Guard, the Central Intelligence Agency, and departments of Defense, Homeland Security, State, and Justice. Mr. Ward co-chairs the relevant National Security Council Policy Coordinating Committee on International Drug Control, and represents ONDCP at meetings of the NSC Deputies.


To put it mildly, Ward isn’t a public health specialist. He’s a drug warrior who knows how to fly fighter planes. He’s everything we’re hoping to avoid with Obama’s theoretically pending drug czar nomination.

So what the hell is going on here? I have no idea. With only a week left in office, there’s no way Bush did this without a nod from the Obama camp. It’s become increasingly clear that Obama isn’t ready to fill the position, so I guess someone’s gotta do it. An interim appointment suggests that we’ll be waiting a while for Obama’s choice, and in the meantime, we’ll have a full-blown drug warrior running the show.

That sucks, and it’s Obama’s fault, but what can really be said about it? Jim Ramstad’s name was floating around, but mounting opposition appears to have disqualified him for good reasons. I’ll take a couple months of Patrick Ward if it means we get someone better down the road, but it’s still hard to imagine Obama selecting someone I could support.

If nothing else, the fact that the drug czar appointment process has gotten so drawn out and confusing is certainly a result of the potent controversy now surrounding the position itself. I believe Obama recognizes that ONDCP is a seriously flawed institution and he’s trying to reconcile that with his perceived political obligations. That’s fine, but the longer he leaves the same people calling the shots at the drug czar’s office, the further he’ll find himself from the drug policy "paradigm shift" he proposed on the campaign trail.

Update: Pete Guither reminds me that this won’t be the first time we’ve had a temporary drug czar, so maybe it’s not as odd as I’ve made it sound. Still, I think it’s interesting that drug czar appointments get handled this way. The position just isn’t taken that seriously, either by the administration or the press. Maybe it wouldn’t be that way if there were a greater perception of flexibility in our drug policy, such that one drug czar could be really different than another.

Fortunately, this time the policy issues at stake are more visible than ever before. The President-elect has made some pretty strong statements about our drug policy and the madness of the last 8 years has solidified numerous coalitions that will vigorously oppose anyone who doesn’t promise big changes at the drug czar’s office.

An Easy Way to Ask Obama About Drug Policy Reform

President-elect Obama’s Change.gov website has opened a new round of questions, providing us yet another opportunity to push drug policy reform into the political mainstream. We won the last round of voting, making a marijuana legalization question the top vote-getter on the entire site.

Simply click here and create an account. Scroll through to find drug policy-related questions and vote them up. You can also submit your own. This time, the questions are broken into categories, so I assume the top question in each will get a response. Currently, there’s a drug war question in 2nd place in the "national security" section, so please start by voting for that (it’s our best chance). The "additional issues" section has several good ones as well and I'm sure there are questions in other categories that I've missed.

Keep in mind that you can vote against questions as well, so feel free to use the down-vote in a way that reflects your personal political priorities. Finally, please send your friends the link and encourage them to participate as well. Seeing consistent support for drug policy reform on his own site might give Obama exactly the cover he needs to maybe actually do something.

Am I a Hippie Who Doesn’t Understand Politics?

Check out this blog post calling me a hippie and accusing me of overreacting to Obama’s rejection of marijuana legalization. This dude is cool though, I think, so it’s all good. But the whole thing misses the point of my post.

I never thought Obama was going to legalize marijuana. I was commenting on the absurdity of creating a whole Change.gov campaign and then using it to uphold the status quo. Obviously, Obama isn’t going to go change-crazy from day one, but this is a massively controversial issue, as evidenced by its #1 ranking on his site. Using Change.gov to reject popular and much-needed changes is ironic, and while I never expected anything more, I’m certainly not going to give him a pass just because his political posturing is painfully predictable.

The Real Reason Obama Won’t Support Marijuana Legalization

Much has been made of the fact that a marijuana legalization question was ranked #1 when President-elect Obama opened his Change.gov website up to questions from the public. In an open vote, the public spoke loudly and clearly that marijuana reform was the very first issue that the new President should address. For our trouble, we’ve been rewarded with the sorriest excuse for an answer that Obama’s transition team could possibly have provided:

Q: "Will you consider legalizing marijuana so that the government can regulate it, tax it, put age limits on it, and create millions of new jobs and create a billion dollar industry right here in the U.S.?" S. Man, Denton

A: President-elect Obama is not in favor of the legalization of marijuana.

Care to elaborate? You see, we all knew what the answer was. The point was that we all wanted to know why.

As frustrating and insulting as it is to witness an important matter brushed casually to the side without explanation, Obama’s answer actually says a lot. It says that he couldn’t think of even one sentence to explain his position. Within the vast framework of totally paranoid anti-pot propaganda, Obama couldn’t find a single argument he wanted to associate himself with. That’s why he simply said "No. Next question."

All of this highlights the well-known fact that Obama agrees that our marijuana laws are deeply flawed. He‘s said so, and has back-pedaled recently for purely political reasons. If Obama’s transition team tried to give an accurate description of his position on marijuana reform it would look like this:


Q: "Will you consider legalizing marijuana so that the government can regulate it, tax it, put age limits on it, and create millions of new jobs and create a billion dollar industry right here in the U.S.?" S. Man, Denton

A: President-elect Obama will not use his political capital to advance the legalization of marijuana. While he agrees that arresting adults for marijuana possession is a poor use of law enforcement resources, he believes that the issue remains too controversial to do anything about it.


It’s really that simple, which makes our job quite difficult. Any ideas?

Update: Paul Armentano says to keep doing what we've been doing and I agree. The fact that we've provoked dialogue about marijuana reform on the President-elect's website is quite remarkable. The "Open for Questions" feature will reopen for new questions soon and we'll be back to push drug policy reform to the top yet again.

On that note, please be advised that the site we're talking about is Change.gov, not Change.org. Change.org has been linked repeatedly in the comment section below, but that is not Obama's site. It fills a similar role and is worth visiting, but that's not where we should focus our energy if we want to directly confront Obama himself. I'm a little concerned that mixing these sites up could dillute our message, so please stay focused on Change.gov. I will post something when the next round of questions is open.

You Can Help Encourage Obama to Answer Questions About Our Marijuana Policy

President-elect Obama has created a web page to accept policy questions from the public. Users can vote for their favorites and his transition team has pledged to answer the most popular questions. At this moment, I’m seeing these two in the top ten:

"Will you consider legalizing marijuana so that the government can regulate it, tax it, put age limits on it, and create millions of new jobs and create a billion dollar industry right here in the U.S.?"

"13 states have compassionate use programs for medial Marijuana, yet the federal gov't continues to prosecute sick and dying people. Isn't it time for the federal gov't to step out of the way and let doctors and families decide what is appropriate?"


Showing that we care about these issues is vitally important, so please head over to change.gov and vote for these questions. Registration is easy and the questions should be right there on the front page (where they’ll stay if we make sure to vote for them).

This is a very cool opportunity to show the strength of our movement by making marijuana reform the #1 issue on Obama’s website.  Please help, and forward the link to your friends and family. Votes close at noon tomorrow, so please don’t delay. Thanks!

Update: As noted in comments, I failed utterly to comprehend the fact that 12:00 am is midnight (duh!), so this post actually went up 9 minutes before the deadline (our time stamp is an hour ahead for some reason). So I'm an idiot, but the good news is that marijuana legalization ended up being the #1 question. I doubt I'm going to like the answer we get, but at least we've sent a message that marijuana reform is far from a fringe issue in 2008.

Obama’s Chief of Staff is a Crazy Drug Warrior

President-elect Obama’s selection of Rahm Emanuel as chief of staff is hardly a good sign for reformers. As Jacob Sullum points out, he’s a complete nightmare when it comes to drug policy:

"We are going to continue to find ways within the administration to fight legalization and the notion of legalization," Rahm Emanuel, a key Clinton drug-policy adviser, said yesterday. "We're against the message that the initiative sends to children. Marijuana does not come cost-free. It is illegal and it is dangerous."

Of course, that was more than 10 years ago, when even Bob Barr was still in full-blown drug war demagogue mode. Has Emanuel improved? Unfortunately not, and if anything he’s gotten worse as demonstrated by this totally deranged attack on former AG Alberto Gonzalez for saying the war on drugs wasn’t a "real" war:

"Thanks for the white flag. From the United States' most senior law enforcement official, the man who should be leading the war on drugs, this white flag of surrender will not be reassuring to the millions of parents trying to protect their kids."

This full-scale war mentality regarding drug policy is about as bad as it gets and I just shudder to think this is the guy who’ll have the president’s ear on a daily basis. Obama has called for "shifting the paradigm" with regards to the war on drugs, only to then surround himself with the worst drug warriors in the democratic party.

It’s too soon to call this a betrayal of anything Obama has pledged regarding reform; I doubt drug policy was a factor in Emanuel’s or Biden’s selection. But it’s a harsh reminder that vehement support for the war on drugs continues to thrive on both sides of the aisle. Reform won't come easily for Obama even if he's completely serious about changing our approach to the war on drugs.

George Bush and Cocaine: How the President Might Save His Approval Rating

[Editor's Note: Jimi Devine is an intern at StoptheDrugWar.org. His bio is in our "staff" section.]

As the eyes of the political spectrum make their way through Scott McClellan's expose on his Bush administration experiences, which includes information involving GW’s cocaine use, the president will continue to deny his actions. But Bush shouldn’t be so quick to repeat that he was too wasted to remember whether he powdered his nose -- look at this honest group of politicians who have come out on the record about their past drug use and the lack of negative effects on their political careers.

Obviously the current flagship of an open door policy to past drug use has to be Barrack Obama. In 1995's "Dreams From My Father" the Democratic frontrunner acknowledged his drug use before even becoming a member of the Illinois state legislature. Over primary season this did open Obama up to attack, most famously Mitt Romney noting: "I think that was a huge error by Barack Obama… it is just the wrong way for people who want to be the leader of the free world."

As we look at Obama and a few of the politicians who admit to being in the "once or twice" club, the underlying similarity between many is their political prominence. New York City Mayor Michael Bloomberg famously responded to the marijuana question with, "You bet I did, and I enjoyed it." Nevertheless, a dash of irony is added by New York being the marijuana arrest capital of the world.

While Bloomberg's approach wasn't for everyone, others did come out of the smokey closet. Past presidential contenders John Edwards, John Kerry, and Howard Dean admitted together at 2003 presidential debate they had all tried the drug in the past. Few went into detail like Former New York Governor Eliot Spitzer who cooked up his marijuana in some baked beans with a friend while at Columbia University.

Finally we come to Al Gore. As a senator in the 1980s he took part in the hearings to approve Supreme Court nominees. When Douglas H. Ginsburg came under fire for his past marijuana use, Gore stepped up and admitted he had also tried the drug in the past. Of course, it was later found at that “tried” meant a lot more than occasional consumption.

So here now we sit with allegations from a former press secretary that the President of the United States can't remember if he ever tried cocaine. I think it's pretty obvious how the president needs to use this as a boost to his credibility. Look at Dean and Gore, one is the Chairman of the DNC and the other convinced us that the ice caps are melting. If Bush decides to come out from his closet or from under his marble desk, at the very least he would be saying something the American people could believe.

Michael Mukasey's Cracked Crack Logic

One of the reasons to already be unhappy with the choice of Michael Mukasey as Attorney General is his opposition to retroactively applying the minor sentencing reductions that the US Sentencing Commission enacted for federal crack cocaine prisoners. Former prisoner Malakkar Vohryzek has called him out for fear-mongering distortions on the issue over at D'Alliance. With a little number crunching, Vohryzek finds that in New York City, for example, if every application for a sentencing reduction is approved, all of eight people serving crack cocaine sentences will get out an return to the community a little early. Yet Mukasey has somehow predicted a "crime wave." Shame on him. The NAACP's Hilary Shelton -- a stalwart of the campaign to restore college aid eligibility to students who've lost it because of drug convictions, an effort many of you have read about here -- had strong words for Mukasey (via the Sentencing Law and Policy blog):
The NAACP was both saddened and offended by Attorney General Michael Mukasey's call for Congress to override the decision by the U.S. Sentencing Commission to apply their May 2007 decision to reduce the recommended mandatory minimum sentencing range for conviction of possession of crack cocaine retroactive to those already in prison. "Attorney General Mukasey's characterization of people currently in prison for crack cocaine convictions, and of the impact that a potential reduction in their sentences could have on our communities, is not only inaccurate and disingenuous, but it is alarmist and plays on the worst fears and stereotypes many Americans had of crack cocaine users in the 1980s," said NAACP Washington Bureau Director Hilary O. Shelton. "The fact that a federal judge will be called to review every case individually and take into account if there were other factors involved in the conviction, whether it be the use of a gun, violence, death or the defendant's criminal history before determining if the retroactivity can apply, appears to have eluded the Attorney General," Shelton added. "Furthermore, because more than 82 percent of those currently in prison for federal crack cocaine convictions are African Americans and 96 percent are racial or ethnic minorities, the NAACP is deeply concerned at the Attorney General's callous characterization that many of the people in question are 'violent gang members'."
Also quoted on Sentencing Law and Policy, criticism of Mukasey by the New York Times.

A Few Pardons Today -- Meanwhile the Pardon Attorney's Web Site Hasn't Been Updated Since the Clinton Administration

In addition to the good news about the crack sentencing reductions being retroactive, another piece of modest good news is that Pres. Bush granted some clemencies, including a few drug offenders. Via the Associated Press and CNN:
  • Jackie Ray Clayborn, of Deer, Arkansas, sentenced in 1993 to five months in prison, two years of supervised release and $3,000 in fines on marijuana charges.
  • John Fornaby, of Boynton Beach, Florida, convicted in 1991 of conspiring to distribute cocaine. He served three years in prison.
  • Bush cut short the 1992 prison sentence of crack cocaine dealer Michael Dwayne Short of Hyattsville, Maryland, who will be released on February 8 after serving 15 years of his 19-year sentence.
Let's include this one too, just to keep things in the holiday spirit (even though we don't oppose having reasonable regulations on legalized substances):
  • William James Norman of Tallahassee, Florida, convicted in 1970 for possessing and running an unregistered distillery that did not carry the proper signage and illegally produced alcoholic drinks made from mash. He was sentenced to three years probation.
Clemencies are a good thing, so I feel bad about using a negative-sounding headline. But it's important, because these few additional actions still leave George W. Bush far behind other presidential administrations in use of the pardon powers, even behind the pardon-parsimonious George Herbert Walker Bush. Interestingly -- and perhaps not coincidentally -- the US Pardon Attorney's office has not updated the sections of their web site listing clemency recipients and statistics since the end of the Clinton administration. They don't even include George W. Bush in the list of presidents. (I've saved copies of those two pages to prove it, in case they finally get around to updating those pages.) More importantly, we've heard from list members whose family members have clemency petitions in that not only have their loved ones not been released, they haven't even heard back from the office with any decision, not even a "no." If I remember correctly, FAMM has charged that the backlog in the office is literally in the thousands. Come on George, I've said it before, and I'm saying it again -- WE WANT PARDONS!!!!

New Mexico Medical Marijuana Update -- Richardson Says Full Steam Ahead Despite Attorney General's "Prank"

Late Thursday night we reported in the Chronicle that New Mexico's Dept. of Health had balked at supplying medical marijuana to patients following a warning from state Attorney General Gary King that he wouldn't defend state workers if the feds prosecuted them. Gov. Richardson, who is running for president in the Democratic primary, has ordered the Health Dept. to comply with the law, and has urged President Bush to stop the medical marijuana prosecutions. I'm not surprised by Richardson's stance, given how hard he fought to rescue the bill last spring when its demise had already been pronounced. Looking at the text of the law, I really have to say I think King is full of it. The law does not tell the Health Dept. to have its own employees grow or distribute marijuana; it tells the department to license people to grow it. Then those licensees will be taking their chances with the feds, for their own individual reasons. But that's not the same thing as state employees being subject to federal prosecution themselves. There have certainly been federal raids of medical marijuana providers in states that have licensed them, but not of the state agencies who have issued them licenses to protect them from state prosecution. Good for Bill Richardson, shame on Gary King, did he really think he could put that one over?